Kaplan v. City Of Winston-Salem

209 S.E.2d 743 (1974)

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Nature of the Case

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Facts

A trial was held, and an appeal was taken on the grounds that the trial court’s jury instructions permitted the jury to consider the retail value of the damaged merchandise in fixing the amount of damages that P could recover. The trial court instructed the jury that the damages were essentially the difference in the market value immediately before and after the accident. P was a merchant and D objected to the retail value of the goods being used. The court of appeals overturned the case. This appeal resulted.